What court and other proceedings can I expect if I’m arrested for DUI?

In Washington, two separate proceedings typically begin if you blow over the legal
limit or refuse to provide a breath or blood sample. First, you will likely be cited
into court to answer to your charge. At the first appearance, the judge makes a
determination about whether to set bail or other conditions of release and additional
court appearances will likely be scheduled. From there, your attorney will decide
with you whether to file motions and whether to take the case to trial or whether
to resolve the case with a plea bargain or other resolution. Additionally, the Department
of Licensing (DOL) will likely begin a process of suspending or revoking your right
to drive for a defined period of time. You have a right to have a hearing and will
need to pay careful attention to the time limits for requesting that hearing. If
you don’t request the hearing in time, you can lose your right to fight the suspension
or revocation. In most cases, our flat fee includes representation for both the
criminal case and the civil DOL hearing.

If I get stopped by police while driving, what should I do?

Every situation is different, but the following information is intended to serve
as a general guideline when faced with a possible DUI accusation in Washington State.
You are legally required to stop for police and provide them with proof of your
license, registration, and insurance. Unfortunately, many law enforcement officers
stop people for minor traffic infractions and then turn it into a DUI accusation.
Officers need to have sufficient legal justification to arrest a person for DUI.
To justify a DUI arrest, police must try to obtain evidence. You have a legal right
to refuse to help law enforcement officers obtain some of the evidence they can use
to convict you.

If stopped for a traffic matter, you should have your license, registration, and
insurance documentation within easy reach and ready when the officer arrives at the
car. One technique officers use to look for evidence of driving under the influence
is to immediately ask drivers whether they have had anything to drink. You have
no obligation to answer an officer’s questions about alcohol consumption . Lying
to an officer can be charged as a crime, but if asked, you may politely respond with
a question such as, “Am I free to go now, officer?” If the officer continues to
question you about alcohol or about where you have been or where you are going, you
may respond politely with statements such as, “I would like to just be on my way,
officer. Please just give me my ticket now so I can be on my way.”

If the officer continues to press for information , you can tell him or her, in no
uncertain terms, “I won’t answer any questions without a lawyer.” Call a lawyer
if you need to do so and if you are able. Although the officer may be unhappy with
this response, it lets the officer know that he or she needs to stop questioning
you. A traffic ticket issued by an angry officer is normally a better result than
a DUI arrest. If you are arrested anyway, it is usually easier for a lawyer to defend
a case where the accused has not made any incriminating statements or voluntarily
given any evidence that could prove guilt. If you are stopped, feel free to call
me 24-hours a day, seven days a week at 360-213-0013.

You are not legally required to participate in any field sobriety tests. The officer
might make it sound like a command, not a request, but Washington law does not require
drivers to submit to sobriety tests on scene. You have the right to refuse field
sobriety tests . Be polite and refuse to do the walk and turn, the one leg stand,
the gaze test, the portable breath test, or any other tests the officer asks you
to perform at the roadside. If you are arrested and brought to a police station,
however, it may be a good idea to provide the breath sample there. Washington law
imposes serious consequences for refusing to blow at the station . Law enforcement
officers must explain your right to refuse and the consequences of refusing that
breath test.

Can I be charged with DUI for drugs in my system?

Yes. Police can arrest people for driving under the influence of illegal drugs and
even for driving under the influence of prescription or over-the-counter medications.
But, just like the previous question and answer illustrate, you don’t have to help
the police get evidence against you. You are not required to offer any information
about any consumption of controlled substances or do any field sobriety tests.

At the Law Office of Nicole T. Dalton, PLLC, we have extensive experience litigating
“drug” DUI’s and we take an aggressive approach to defending your rights. Washington
law allows prosecutors to charge people for driving under the influence of almost
any drug. That’s not fair. We use cutting edge defenses in handling cases such
as driving under the influence of Ambien, Zoloft, prescription and other drugs. The
state’s prosecutors and laboratory “experts” often play fast and loose when it comes
to drug DUI charges. Our mission is to nail them and stop abuses of power and abuses
of “scientific” evidence.

Whether the drug is clearly an intoxicant or one you’d never think would be the basis
of a DUI charge, we’re prepared to pull out all the stops in defending against unreasonable
laws and in defending your freedom.

What are the consequences of pleading guilty or being convicted of a DUI?

Aside from the personal suffering and possible impact on your career, there are many
consequences of a DUI conviction. The following are just some of the possible legal
consequences of being convicted of driving under the influence RCW 46.61.5055. For
DUI offenses charged as a gross misdemeanor, Washington State imposes minimum mandatory
jail sentences for convictions, lasting from one day to 120 or more days in jail,
plus up to 150 additional days of electronic home monitoring. Under the statute,
a DUI conviction in Washington can result in suspension or revocation of your license
from 90 days to four years. To reinstate a driving privilege after a DUI conviction,
the Department of Licensing may also require the driver to install an ignition interlock
device in the vehicle for between one and ten years.

DUI convictions also carry a heavy economic impact on people convicted of this crime.
In addition to fines of up to $5,000, with minimum fines starting at more than $850
plus additional court costs and assessments, substantial additional costs are associated
with electronic home monitoring, installing and renting ignition interlock devices,
and mandatory alcohol assessment, treatment, supervision and other requirements.

Can a DUI charge turn into a felony conviction?

Yes. For persons with four or more offenses within a ten year period, Washington
law turns a DUI conviction into a felony. Convicted felons face serious consequences
including loss of civil rights and discrimination in employment and housing. A felony
conviction can cause loss of voting rights, restrictions on your ability to travel
to other countries, and loss of the right to possess or own firearms.

Can a DUI conviction be removed from my criminal record?

No. In Washington, the laws that permit vacating and sealing criminal records do
not currently allow DUI convictions to be vacated and sealed. However, a lesser
charge offered by the prosecution or obtained by your attorney in the process of
plea bargaining may qualify at a later date to be vacated and sealed from the public
eye.

Don’t you have to drink a whole lot of alcohol to be over the legal limit?

The simple answer is, NO. First of all, you could be prosecuted for DUI even if
you test under the .08 legal limit . In addition to allowing conviction of persons
who blow a .08 or more in a valid test, Washington law also allows DUI convictions
based on evidence that a person was driving and affected by alcohol. Although the
Washington State Liquor Control Board publishes a Blood Alcohol Concentration Guide,
unfortunately, this guide is not a good predictor of an individual’s BAC as it cannot
account for individual metabolic variation, health issues, or other factors that
may result in individual variations. For some people, even one glass of wine could
put them over the legal limit or serve as a basis for prosecution due to the effects
of alcohol on the driver. We have seen cases where drivers consumed as little as
just one glass of wine and were charged with DUI. A combination of alcohol and prescription,
over-the-counter, or other drugs may result in DUI charges, even where the alcohol
is minimal and the drug is seemingly innocuous.

Also, criminal convictions of misdemeanor Negligent Driving in the First Degree can
be obtained based on evidence that the driver has driven negligently, in a manner
that could endanger persons or property, and shows the effects of having consumed
liquor, an illegal drug, or a prescription drug not in accordance with prescribed
warnings and directions.

Are there any defenses to driving under the influence?

There are a number of possible legal defenses that an experienced DUI defense lawyer
can explore. Each case is different, but typically we scrutinize the whole process,
looking for deficiencies in the state's case from beginning to end, including: the
legality of the traffic stop, whether and how field sobriety tests were performed,
the legality of any statements obtained, whether the breath or blood tests were performed
in compliance with the law, whether the equipment used to perform the tests was in
disrepair and whether proper maintenance and calibration were performed, and whether
any external factors, such as medical conditions or issues with the machine, possibly
affected the test results in the individual case.

Depending on these and more factors, a person may have valid defenses that a skilled
DUI attorney can use to obtain the best results possible in a given situation. At
the Law Office of Nicole T. Dalton, PLLC, we closely scrutinize the whole process
and use any legal defense we can find to give our clients the best shot at a good
outcome in their cases.

DUI Questions and Answers

Being charged with DUI can be an overwhelming and frightening experience. We are
here not only to fight for your rights and future, but to keep you informed every
step of the way ... for your peace of mind. We take a cutting edge approach to fighting
DUI charges and aggressively litigate scientific and technical issues to give you
a fighting chance.

If you have been arrested for DUI or a driving or alcohol related offense in Southwest
Washington, don’t hesitate to contact the Law Office of Nicole T. Dalton to find
out more about your rights and your options. We are here to help.

To speak with Ms. Dalton by phone or schedule an appointment, call 360-213-0013.

Ms. Dalton makes herself personally available as soon as possible for DUI and related
charges.

For emergency situations, after regular business hours, call our office and our message
will give you our cell phone number. Or for additional contacts click here.

Aggressive DUI defense services available in Southwest Washington areas including
Clark County, Vancouver, Camas, Washougal, Battleground, Ridgefield, Stevenson, Kelso,
Longview, Cowlitz County, Skamania County, Wahkiakum County, Klickitat County and
other areas..